Leah Hester
Consider a sales rep driving to a client meeting, an office manager running business errands in their own car or a technician heading to a site in a vehicle they own outright. None of them are on the fleet list, but every one of them might be your legal responsibility.
When it comes to fleet risk, too many organisations focus solely on company vehicles ignoring the significant exposure that lives within their grey fleet. If your people are using personal vehicles for business travel, you are accountable. If you’re not managing that risk actively, the consequences can be just as serious as with any branded van or lorry.
If you don’t know how many grey fleet drivers you have, you may already be at risk.
What Is Grey Fleet And Why It Matters
“Grey fleet” refers to employees using their own vehicles for work-related travel. This isn’t commuting. It’s any trip made on behalf of the business such as client meetings, site visits, inter-office travel, and more.
Unlike company vehicles, grey fleet cars aren’t usually included in fleet management systems but they’re still part of your operation. If they’re on the road for your business, under UK law, they’re part of your legal responsibility.
Grey fleets can be vulnerable
A grey fleet is often invisible but that doesn’t mean it’s low risk. In fact, it’s one of the most vulnerable categories of business travel.
According to TTC Group data, around 49% of grey fleet drivers have never had their licence checked by their employer, and just 18% have received any driver training. Nearly 1 in 5 drivers admitted delaying vehicle maintenance or essential servicing due to financial pressures.
These are not fringe cases. The UK has an estimated 14 million grey fleet vehicles in use. Many are older, lack proper safety features, or are not insured for business use. In a crash, this doesn’t just expose the driver, it also exposes the business.
Your insurer may dispute cover. The Health and Safety Executive (HSE) may investigate and if your systems are lacking, your business could face liability for failing to ensure a safe system of work.
Legal Responsibilities: The Employer’s Duty of Care
Under the Health and Safety at Work etc. Act 1974, employers have a duty to ensure, so far as is reasonably practicable, the health and safety of employees and others affected by their business. That duty applies regardless of who owns the vehicle.
This means you are expected to take reasonable steps to ensure that any personal vehicle used for business:
- Is roadworthy
- Is insured for business use
- Is driven by a legally entitled and competent person
The courts will look at foreseeability. If it’s foreseeable that someone might drive an unsafe vehicle or work excessive hours without rest, and you’ve done nothing to prevent it, you could be held responsible.
A Grey Fleet Compliance Framework
So how do you manage a fleet you don’t own? The answer is to create visibility, set expectations, and embed accountability. Here’s what that looks like in practice:
1. Define Minimum Standards
Establish what a “compliant vehicle” looks like. That may include valid MOT, up-to-date servicing, suitable insurance (including business use), and a maximum age or mileage threshold. Communicate this clearly to all staff who may drive for work.
2. Enforce Checks
Don’t rely on self-declaration. Require regular submission of documents such as MOT certificates, driving licences, insurance policies and ensure there is an audit trail.
3. Train Your Drivers
Just because they use their own car doesn’t mean they’re exempt from safety training. Grey fleet drivers should receive training on fatigue, distraction, journey planning, and what to do after a collision. They should also understand their responsibilities under health and safety law.
4. Document and Monitor
Make grey fleet management part of your formal health and safety policy. Allocate responsibility for oversight, and include grey fleet risk in your internal audits and compliance checks. If there’s an incident, your documentation will be critical.
Common Pitfalls and How to Avoid Them
Many businesses fall into one of the following traps:
- Assuming occasional travel isn’t business travel – If someone drives once a quarter for work, it still counts.
- Trusting employees without checks- A verbal assurance is not a defence in court.
- No clear internal ownership – If no one “owns” grey fleet compliance, it often doesn’t happen.
- Forgetting about insurance – Many drivers have social, domestic, and pleasure insurance only which is invalid for business use. If a claim is denied, the employer may still be liable.
The Hidden Risk That’s Entirely Manageable
Grey fleet drivers are a blind spot for many businesses but they don’t have to be. With the right systems in place, you can manage this risk as effectively as any formal fleet.
The road is a regulated workplace. Your responsibility doesn’t end with the vehicle registration document. And in the event of a crash, what you’ve done to manage that risk will be under the microscope.
Take Control Before the Incident
A collision involving a grey fleet driver isn’t just a personal issue, it’s a legal, reputational, and operational crisis waiting to happen. But with some simple, proactive steps, you can get ahead of the risk and protect your drivers and your business.
Access to legal advice 24/7
If you’re responsible for a grey fleet, access to specialist legal support like LMP Fleet 24/7 could make all the difference. Contact us today to see how LMP could be by your side.